On Monday July 1, at the courthouse in the capital of the Cévennes, in the Gard, Me Karim Derbal gave the testimony of a thirty-year-old against whom “the entire investigation was conducted incriminatingly.”
On June 27, a 10-year-old boy from Alès asked his neighbor on the balcony to alert the police because his mother was allegedly being hit by her partner. The 32-year-old accused was arrested and is being tried on Monday, July 1, in immediate appearance, after being placed in pretrial detention the day after the alleged events.
For a story about a pair of blue socks…
Tells him about a fight over “trivialities”because of a pair of blue socks that was untraceable in this case. But he denies having been violent. “When we had an argument, the children came because of the screaming and we sent them back to their room”explains the defendant, who accuses his partner of having scratched him when he had only grabbed her hands, adding that he “No (with) don’t remember pulling his hair”.
The partner intervenes on behalf of the defendant
Called to the bar, his partner, who had appeared visibly frightened when the police arrived at her home, assured that she had not been hit. According to her, her “Son, the argument may have scared him”. She did not constitute herself as a civil party during the trial, and then denounced pressure to force her to file a complaint. She did not “didn’t think we’d be here today”.
The prosecution requests continued detention
Even so! For Nathalie Welte, Deputy Public Prosecutor, “Obviously, it wasn’t just a simple argument”. She points to a “relationship that is unbalanced” and, while she was asking, the accused abruptly cut her off and was called to order by Cécile Baessa, the president of the hearing. “The gentleman’s attitude speaks volumes”tackles the representative of the public prosecutor. “He can’t stand being contradicted…” Convinced of the thirty-year-old’s guilt, she then requested from the court an eight-month prison sentence and continued detention.
“It’s starting to get boring…”, says Me Derbal.
Me Karim Derbal, the defense lawyer, immediately takes the floor: “It’s starting to get boring having the same files.” That is to say, without material evidence against the spouse and where the prosecution requests continued detention. “Spouses must systematically prove that they did nothing”denounces the council, whose client had a bloody face during his police custody, which he immortalized, he says, with his smartphone. “That’s always the story: always the man who is pursued.” While in this case, “He is the one with the physical traces, and he is the one we are keeping in detention.”.
“He was the one who was the victim of physical violence”
Mr. Derbal continued, addressing the magistrates: “From the beginning, we decided that he was guilty. The entire investigation was conducted in a biased manner. […] I am not pleading doubt; we are beyond doubt. We are certain: he was the victim of physical violence. I do not see how you cannot pronounce an acquittal.” At worst, if his client were to be convicted, he would request a ban on staying in the Gard, but certainly not imprisonment…
In the end, doubt prevails
The court is sensitive to this plea and acquits the thirty-year-old. “Benefit of the doubt”specifies Cécile Baessa.
